SRC-HRD H.B. 2421 75(R)   BILL ANALYSIS


Senate Research Center   H.B. 2421
By: Counts (Ellis)
Jurisprudence
5-15-97
Engrossed


DIGEST 

The State Commission on Judicial Conduct exercises jurisdiction over more
than 3,300 judges and judicial officers in Texas relative to misconduct
or disability.  Such jurisdiction includes appellate judges, district
judges, county judges, justices of the peace, municipal judges, masters,
magistrates, and retired and former judges who are available for
assignment as visiting judges. Commission jurisdiction does not extend to
hearing officers or administrative law judges who preside over
administrative hearings of the various state agencies.  In exercising its
jurisdiction, the commission's objectives are to preserve the integrity of
all judges in the state, to ensure public confidence in the judiciary, and
to encourage judges to maintain high standards of both professional and
personal conduct.  The commission attempts to achieve these objectives not
only by issuing sanctions against judges who violate legal or ethical
standards, but also by participating in continuing education programs at
all levels of the judiciary.  Also, when necessary, the commission
undertakes appropriate action to secure the removal of a judge from
office.                     
                                    
The commission is made up of 11 members, five of whom are judges and six
of whom are citizens. The citizen members of the commission serve without
pay and provide a valuable asset to the judiciary and to the State of
Texas.  This bill would entitle the citizen members, as well as the staff
of the commission, to have the same immunity as the judges who serve on
the commission.
PURPOSE

As proposed, H.B. 2421 provides that a public member of the State
Commission on Judicial Conduct is not liable for any damages for an act or
omission in the course of the official duties of the commission. 

RULEMAKING AUTHORITY

This bill does not grant any additional rulemaking authority to a state
officer, institution, or agency. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 33B, Government Code, by adding Section 33.035,
as follows: 

Sec. 33.035.  IMMUNITY.  Provides that a public member of the State
Commission on Judicial Conduct (commission) is not liable for any damages
for an act or omission in the course of the official duties of the
commission.  Prohibits Subsection (a) from limiting the liability of a
public member of the commission for any act or omission in bad faith or
involving gross negligence, intentional misconduct, or a knowing violation
of the law. 

SECTION 2. Emergency clause.
  Effective date: upon passage.